Loading...
HomeMy WebLinkAboutC24150A MOU Bureau of Land ManagementCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration for approval a Memorandum of Understanding with the Bureau of Land Management for Ranger services, a portion of administrative costs and landscaping costs for the Santa Rosa Mountains Visitors Information Center. (Contract No. C24150A ) SUBMITTED BY: Ryan Stendell, Assistant Planner DATE: November 17, 2005 CONTENTS: A. Staff Report B. Memorandum of Understanding Recommendation: By Minute Motion: 1) That the City Council authorize the Mayor to execute a Memorandum of Understanding (MOU) with the Bureau of Land Management (BLM) for a three-year period starting January 1, 2006, and ending December 31, 2008; 2) appropriate $55,000 from un-obligated general fund reserves; 3) authorize payment to the BLM for that same time period in the amount of $55,000 per year. Discussion: The current MOU between the City and the BLM will expire December 31, 2005. In the past, the City has entered into a three-year MOU with the BLM in the amount of $7,000 per year. This covered a portion of the administrative costs for the Santa Rosa Mountains Visitors Information Center (SRMVIC). The completion of the City's trail system will create a need for law enforcement throughout City trails. Under the proposed MOU the BLM shall: A. Provide staffing for the National Monument Visitor Center, including a full- time employee seven days per week to provide for daily operations and customer contact. B. Provide funding, as available, for the operation and maintenance of the Visitor Center, including utilities, repairs, and janitorial service. C. Provide Law Enforcement Ranger patrols on trails, roads, and lands within the National Monument law enforcement patrol sector. Staff Report Page 2 November 17, 2005 D. Include City lands adjacent to the National Monument Visitor Center (Attachment A, map of defined adjacent area) within the National Monument law enforcement patrol sector. E. Provide law enforcement services to the Visitor Center, including response to alarms and coordinating site security with the Riverside County Sheriff's Department and Palm Desert Police Department. F. Provide a report at the beginning of the City's fiscal year of the prior year's expenditures for National Monument Visitor Center operations and maintenance and law enforcement for the National Monument patrol sector. G. Coordinate with the City on the planning, design, construction, and maintenance of trails, trailheads (including associated parking lots), and other facilities related to recreation use on BLM lands adjacent to City lands. H. Assist in preparation of required environmental analyses and documents for the development of trails, trailheads (including associated parking lots), and other facilities (including signs) where a Federal nexus exists. I. Amend the existing Federal Register Notice prohibiting dogs on certain public lands in the National Monument to allow leashed dogs on Federal lands on the Homme-Adams trails system. J. The City will administer landscape maintenance services for the Visitor Center as part of the City's existing landscape maintenance program and the BLM will reimburse the City for all expenses annually. The most significant change in the updated MOU is the addition of the Ranger patrols to the City's trail system. Rangers will be patrolling to ensure hikers stay on approved trials and hikers with dogs remain on approved "dog" routes. Also included in this MOU update is the addition of several services not yet provided. This will include; interpretive walks with BLM rangers on the Randall Henderson Trail, expanded coverage to have staff on hand seven (7) days a week, improved landscaping and maintenance, better signage and improved janitorial services for the SRMVIC. The BLM is asking for $55,000 per year (1/6th total costs) to include all above - mentioned services. The breakdown of costs is as follows; Contract No. C24150A Staff Report Page 3 November 17, 2005 Utility Costs & Staffing Costs: Salary Costs of new Law Enforcement Rangers: Landscaping Upgrade & Maintenance Costs : Expanded Services & incidental Costs: Submitted By: Ryan Stendell Assistant Planner Approval: City Ma ment Services Director of Finance (total operational costs) Approximately 1/6th total operational costs $120,000/Year $1 70,000/Year $20 ,000/Year $40,000/Year $350,000/Year $55,000/Year Department Head: Phil Drell Director of Community Development Contract No. C24150A MEMORANDUM OF UNDERSTANDING between U.S. DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT and CITY OF PALM DESERT This Memorandum of Understanding (MOU) is between the U.S. Department of the Interior, Bureau of Land Management, Palm Springs -South Coast Field Office, Santa Rosa and San Jacinto Mountains National Monument (herein after referred to as "BLM") and the City of Palm Desert, California (herein after referred to as the "City"). BACKGROUND: The Santa Rosa and San Jacinto Mountains National Monument Visitor Center is located on Highway 74 adjacent to the City of Palm Desert. The Visitor Center disseminates information to the public about environmental and cultural resources on public lands as well as recreational opportunities available in the Coachella Valley. It is the common objective of the BLM and the City to provide a quality visitor experience to tourists and local visitors alike. In October 2000, legislation created the Santa Rosa and San Jacinto Mountains National Monument, which is jointly managed by BLM and the USDA Forest Service. At that same time, the Santa Rosa Mountains National Scenic Area Visitor Information Center changed its name to the Santa Rosa and San Jacinto Mountains National Monument Visitor Center. Legislated boundaries of the National Monument encompass lands under the jurisdictions of the City as well as the State of California and other local governments throughout the Coachella Valley. In addition to cooperating in the operation of the National Monument Visitor Center, BLM and the City have an interest in jointly managing BLM and City lands adjacent to the Visitor Center within the National Monument. These lands are within designated critical and essential habitat for the endangered Peninsular Ranges bighorn sheep. The BLM and the City have engaged in a previous cooperative arrangement to provide protections to the local population of bighorn sheep, including bighorn sheep that are part of the captive breeding program at the Bighorn Institute. Measures for protection include closures of BLM and City lands overlooking the Bighorn Institute, redirecting hikers with dogs to appropriate trails, and construction of new trails for use by tourists and local visitors. Contract No. C24150A PURPOSE This MOU establishes a shared management arrangement between BLM and the City in managing BLM and City lands within the National Monument for the purposes of conserving the natural and cultural resources found therein, and maintaining the recreational and educational opportunities for which the National Monument was established. This MOU addresses operation and maintenance of the National Monument Visitor Center; management and conservation of BLM and City lands adjacent to the Visitor Center; protection of property; safety of National Monument staff and visitors; and coordination of planning, design, construction, and maintenance of trails, trailheads, and other facilities at and adjacent to the National Monument Visitor Center. AUTHORITIES This MOU is made and entered into by both parties under the U.S. Department of the Interior rules and regulations for such memorandums. Federal agencies have general authority to cooperate and reach understandings on matters within the scope of this document. Additionally this MOU is authorized by provisions of: A. Federal Land Policy and Management Act (FLPMA) of 1976 (Public Law 94- 579), Section 307 (b) and (c). FLPMA gives the BLM legal authority to enter into contracts and cooperative agreements and to establish public land policy, to establish guidelines for administering such policy, and to provide for management, protection, development, acquisition, and conveying of public lands, including the acquisition of rights -of -way for such purposes, and for the enhancement of the public land. In addition, Sec 307 (c) authorizes the establishing of volunteer programs. B. Take Pride in America Program, 16 U.S.C. 4601-4608, 1990. The Take Pride in America program was developed to maintain a public awareness campaign in cooperation with public and private organizations and individuals to instill in the public the importance of the appropriate use of, and appreciation for, federal, state, and local lands, facilities and natural and cultural resources; encourage an attitude of stewardship and responsibility; and promote participation by people with a conservation ethic in caring for the lands, facilities, and resources. C. The Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (P.L. 106-351). This Act grants the Secretaries of the Department of the Interior (DOI) and Department of Agriculture (USDA) with the authority to enter into cooperative agreements and shared management arrangements, which may include special use permits with any person, including the Agua Caliente Band of Cahuilla Indians, for the purposes of management, interpretation, and research and education regarding the resources of the National Monument. tj Contract No. C24150A D. Additional authorization is found in OMB Circular requirements A-110; 43 CFR Part 12; and P.L. 106-351 (October 24, 2000), pursuant to Section 2(a)(1) and (2) and Section 4(c)(1), which charge the U.S. Department of the Interior, BLM and U.S. Department of Agriculture, Forest Service with the management of the National Monument as stated in Section 2(a)(7) of the National Monument Act. AGREEMENT Now, therefore, in consideration of the above premises, the parties agree as follows: Bureau of Land Management shall: A. Provide staffing for the National Monument Visitor Center, including a full-time employee seven days per week to provide for daily operations and customer contact. B. Provide funding, as available, for the operation and maintenance of the Visitor Center, including utilities, repairs, and janitorial service. C. Provide Law Enforcement Ranger patrols on trails, roads, and lands within the National Monument law enforcement patrol sector. D. Include City lands adjacent to the National Monument Visitor Center (Attachment A, map of defined adjacent area) within the National Monument law enforcement patrol sector. E. Provide law enforcement services to the Visitor Center, including response to alarms and coordinating site security with the Riverside County Sheriff's Department and Palm Desert Police Department. F. Provide a report at the beginning of the City's fiscal year of the prior year's expenditures for National Monument Visitor Center operations and maintenance and law enforcement for the National Monument patrol sector. G. Coordinate with the City on the planning, design, construction, and maintenance of trails, trailheads (including associated parking lots), and other facilities related to recreation use on BLM lands adjacent to City lands. H. Assist in preparation of required environmental analyses and documents for the development of trails, trailheads (including associated parking lots), and other facilities (including signs) where a Federal nexus exists. I. Amend the existing Federal Register Notice prohibiting dogs on certain public lands in the National Monument to allow leashed dogs on Federal lands on the Homme-Adams trails system. 3 Contract No. C24150A J. Coordinate with the City on the planning, design, construction, and maintenance of landscape at the National Monument Visitor Center. K. Assist in preparation of required environmental analyses and documents necessary to allow for planned maintenance of the landscape. L. Assist in providing guidance for practices and plant materials as defined in a maintenance plan for desert landscaping, to include consideration for desert wildlife and tree pruning issues. City of Palm Desert shall: A. Provide funding, as available, to assist BLM in paying for operation and maintenance of the National Monument Visitor Center, and for conducting interpretive programs within the local area. B. Provide funding, as available, to assist BLM in conducting law enforcement patrols by Law Enforcement Rangers of the trails, roads, facilities, and lands within the National Monument. These patrols will be conducted within the City limits of Palm Desert and adjacent unincorporated areas. C. Cooperate in all areas of law enforcement, including patrols of City lands adjacent to the National Monument Visitor Center, communications, and training. D. Prepare a document declaring a prohibition of dogs on City property south of the Visitor Center, which lies outside the City limits of Palm Desert. Such declaration is required for BLM law enforcement to enforce a dog prohibition on these lands. E. Provide funding as available, labor, and operational support to construct and maintain new trails, signs, and parking areas on BLM and City lands within the National Monument. F. Install and maintain signs on Shirley Road to prohibit dogs. G. Coordinate with the BLM on the planning, design, construction, and maintenance of trails, trailheads (including associated parking lots), and other facilities related to recreation use on City lands within and adjacent to the National Monument. H. Ensure appropriate and proper reviews are conducted by BLM and/or National Monument Staff of all signage proposed by the City that relates to the National Monument. This includes reviews of signage location and placement. 1. Provide 11-inch by 17-inch maps of the Homme-Adams trail system to BLM law enforcement. fl Contract No. C24150A J. Cooperate with BLM to ensure all safety and liability issues for the National Monument Visitor Center parking lot and/or any new parking lot construction are properly addressed. K. Provide for funding, as available, in support of inter -operability with City Law Enforcement contingency plan (held at Riverside County Sheriff Department) and working in conjunction with and ensuring radio/data communications capability with and for BLM Law Enforcement Rangers to both the Riverside County Sheriff and Palm Desert Police Departments (i.e.: including the providing of a minimum of four, 800 MHz radios. This would include all leasing coverage and backbone usage requirements). L. The BLM shall be financially responsible to the City of Palm Desert for landscape maintenance services administered by the City at the National Monument Visitor Center. The City will invoice the BLM on an annual basis for all services rendered. Services are defined in section M of this document. M. Coordinate with the BLM on the planning, design, construction, and maintenance of the landscape at the National Monument Visitor Center to include: • Pruning of all shrubs; • Hauling of associated debris and cuttings; • Removal of dead plant material; • Thin and removal of noxious, invasive, nonnative species; • Tune and maintain irrigation systems: check each component for proper function and replace any defective parts, such as: emitters, solenoids, irrigation pipe, valves, etc. accordingly (Note: Low pressure items covered through approved maintenance plan contract, other items to be billed separately); • Adjust height of each fixture so as to provide adequate watering without overflow; • Planting of plants to replace and augment existing perennial plants as deemed necessary by Project Manager; • Check plants periodically for signs of stress and notify Project Manager of any changes that need to be made before making them. N. Ensure appropriate and proper reviews are conducted by BLM and/or National Monument Staff of all work proposed by the City that relates to the National Monument Visitor Center, in accordance with an approved maintenance plan. O. Ensure landscaper is knowledgeable of plants indigenous to and areas, and specifically familiar with those species residing within the Santa Rosa & San Jacinto Mountains National Monument, and the National Monument Visitor Center. 5 Contract No. C24150A HOLD HARMLESS BLM and the City agree to defend, indemnify, protect and hold each other and their agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to BLM and City employees, agents or officers which arise from, or are connected with, or are caused, or claimed to be caused by the acts, or omission of BLM or the City, and its agents, officers or employees in performing the work, or services herein, and all expenses of investigating and defending against same; provided, however that BLM and the City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the other party, its agents, officers or employees. TERMS AND MODIFICATIONS This MOU is to remain in effect until modification by the parties in writing, and is negotiable at the option of any of the parties. This MOU shall terminate five years from the date of its execution unless extended through mutual agreement of the BLM and the City. The BLM must notify the City of Palm Desert 60 days prior to expiration of this MOU if renewal is desired. Either party may terminate the agreement upon giving the other party 60 days notice. The remainder of this page is intentionally blank. no SIGNATURES Approved by: Approved by: Approved by: Approved by: Approved as to content: JULIA LANG BLM California State Office 2800 Cottage Way Sacramento, CA 95825 GAIL ACHESON Field Manager BLM Palm Springs -South Coast Field Office P.O. Box 581260 N. Palm Springs, CA 92258-1260 DANELLA GEORGE National Monument Manager P.O. Box 581260 N. Palm Springs, CA 92258-1260 BUFORD A. CRITES Mayor, City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 DAVID J. ERWIN Attorney, City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 Contract No. C24150A Date: Date: Date: Date: Date: i7